In many of our blog posts, we discuss the power of the civil justice system
as a vehicle for victims of negligence, abuse, and injustice to make their
voices heard. We also discuss how the financial interests of corporations
and powerful companies often work against victims, and how they continually
push for new laws, amendments, and other changes that benefit their profits
rather than real people.

This dynamic is readily apparent in the trucking industry, where powerful
corporate entities involved in commercial trucking, consumer products,
and distribution inject tremendous amounts of money into politics and
lobbying efforts that help them make more money – even when it comes
at the expense of public safety. That track record brings new concerns
amid the industry’s ongoing struggle with a truck driver shortage.

According to report released earlier this year by the American Trucking
Associations, the shortage of commercial drivers is having a big impact
on the trucking industry, which ferries nearly 2/3 of all consumer goods
in the U.S. The report expands on the long-standing shortage:

To keep up with rising demand created by an improved economy, trucking
operators would need to hire more than 850,000 new truck drivers.

Data analysis conducted in January showed that for every dozen loads of
cargo needing to be shipped, only one truck was available – the
lowest proportion of trucks to cargo in almost 15 years.

Trucking companies are not only struggling with a lack of drivers, but
also a lack of adequately trained and qualified drivers.

The industry reports that part of the problem is due to the fact that the
average age of interstate truckers in the U.S. is 55, and that many have
or are approaching retirements. The workforce is not being replenished
fast enough by newer drivers, many of whom are reluctant to choose trucking
as a career to its unusual lifestyle.

As the ATA notes, trucking companies have already begun to find solutions
by expanding their options for new drivers, as well as offering more competitive
wages to prospective employees. Those efforts, however, may not make an
appreciable dent in a problem that puts the industry hundreds of thousands
of drivers behind consumer demand.

That large gap, combined with the trucking industry’s history of
fighting safety regulations and backing new laws that make it easier for
them to profit, pose risks for corporate shortcuts and lobbying efforts
that can increase dangers on public roadways, especially when they increase
the chances of preventable
trucking accidents. Such risks and shortcuts may take the form of:

Regulatory rollbacks – The trucking industry has a lot of firepower when it comes to
lobbying our lawmakers to pass legislation in their favor, as well as
amendments or decisions that rollback regulations designed to keep the
public safe. With a new administration that favors regulatory rollbacks
and unfettered corporate profits, their jobs have become easier, and will
likely continue as a means to combat the driver shortage. Just last year,
industry lobbyists were able to log Hours-of-Service rules adopted under
the Obama administration which required mandatory rest breaks to take
place in the early morning hours, a time when sleep is critical. The same
efforts are also being waged to rollback other regulations, including
the minimum age limits of drivers (the industry wants to allow 18-year-old
to drive commercial trucks across state lines), minimum truck weight restrictions,
and other regulations that reduce risks of preventable crashes.

New laws – In addition to rolling back old regulations, trucking companies
and others involved in the industry also has a proven record in championing
new laws that benefit them more than consumers or public safety, and in
preventing proposed safety measures that cost them money from ever becoming
new laws. This was exactly the case when the federal regulators decided
not to enact tougher regulations on drivers with sleep apnea, a condition
that makes them more likely to be involved in crashes, and why they continue
to fight safety advancements and new technology proven to save lives,
such as electronic on-board logging devices, and underride guards fitted
onto the sides of commercial trucks.

Training / certification sidestepping – In the past, trucking companies have been found to take various
shortcuts that save them money and allow them to transport more goods
and products, even when it is against the law. These shortcuts have a
considerable impact on public safety, especially when they involve shortcuts
in ensuring drivers are appropriately trained, certified, or cleared by
health professionals. Recently, one Atlanta physician was arrested after
he allegedly provided nearly 7,000 truck drivers with fraudulent health
certifications. Many of those drivers came from across the country, and
either failed drug and alcohol screens, or had medical issues that would
preclude them from holding a commercial driver’s license.

Profits over safety – Struggling to keep up with demand may ultimately mean that trucking
operators and their employees will be pressed to increase profits any
way they can, even if it means cutting on safety or violating regulations
that cap cargo weight, proper cargo securement, vehicle maintenance, and more.

The shortage of truck drivers is a serious problem for the trucking industry,
and one that could very well have a larger economic impact on businesses
and consumers. Still those consumers and businesses, and their pocketbooks,
should not be prioritized over the safety of our public roads and highways,
nor should their wishes trump our need to ensure the rules are followed.
As we have seen throughout the years representing truck accident victims
and others harmed by negligence, when corporations take shortcuts, innocent
people get hurt.

Spangenberg Shibley & Liber LLP has been fighting for seriously injured
victims throughout Cleveland, Ohio, and the U.S. since 1946, and our award-winning
personal injury lawyers have recovered more than $1 billion in compensation
for our clients. If you have questions about a potential case involving
a recent truck accident, call (216) 600-0114 for a free case review.

Cleveland Personal Injury Attorneys

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